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How to claim under motor vehicles act
15-Jul-2023 (In Motor Accident Law)
I had an accident on a bus while returning from my govt job. A lot was spent on the case. I took 240 holidays and was left with 40% disability. The claim I got from magistrate court was measely and was of no use, so we found a lawyer and filed a case in high court. The problem starts here, we have paid him some part of legal fee. He acts very rude and does not answer our questions. According to him he has filed the case but I doubt so. Today I called him to ask where the case is, he rudely said, “high court mai case nhi pahuchta hai khi, notices aate hai etc”. Can someone please explain the procedures of the court and is there something i could get from him as a proof that the case has been filed(a reciept)?
Sir....first..don't loose faith in our profession. For filing an appeal against the award passed by the MACT for enhancement there is a limitation period of 90 days from the date of order (date on which order is pronounced and time taken for obtaining the copy to be excluded). After the case is filed there is no such receipt provided as proof but initially every case is provided with a certain stamp number which when gets registered is given the registration number (one can check details of their case both by stamp number and registration number). So in your case you can ask your counsel to provide you the case number of your case by which you can online check and access record of your case, for example, as and when your case was registered and date wise proceedings with complete order. And after the case is listed for the first time in court then court issue notices to opposite party to put in appearance before the court. Since working in most of the high courts has now been online so general public can also access records such as details of cases, orders and judgments in cases by case numbers, name of party or name of advocates.
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Adv. Abhinandan Thakur
Shimla | 25+ Answers
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